Human Fertilisation & Embryology Authority v Amicus Healthcare Ltd. & Ors [2005] EWHC 1092 (QB) (13 May 2005)

Human Fertilisation & Embryology Authority v Amicus Healthcare Ltd. & Ors [2005] EWHC 1092 (QB) (13 May 2005)

It is lawful for HFEA to decide not to take enforcement action against the clinic for storing embryos without effective consent pending ECHR proceedings, considering the UK's international law obligations. DPP's indication not to prosecute is lawful and within discretion. No declaration granted on substantive legitimate expectation due to excessive assumptions and lack of contest.

Citation
[2005] EWHC 1092 (QB)
Parties
Claimant: Human Fertilisation & Embryology Authority; First Defendant: Amicus Healthcare Limited; Second Defendant: Royal United Hospital Bath NHS Trust; Third Defendant: Natallie Evans; Fourth Defendant: Howard Johnston; Interested Party: Secretary of State for Health; Interested Party: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
13 May 2005
Procedural Posture
Part 8 Claim for Declaratory Relief / Judgment on Declarations
Outcome
First and second declarations granted; third declaration declined.
Legal Topics
Embryo Storage, Consent Withdrawal, Legitimate Expectation, Regulatory Discretion, International Law Obligations, Prosecution Discretion
Public Law Human Rights Medical Law Criminal Law Embryo Storage Consent Withdrawal Legitimate Expectation Regulatory Discretion +2 more

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Parties

Human Fertilisation & Embryology Authority

Claimant

Amicus Healthcare Limited

First Defendant

Royal United Hospital Bath NHS Trust

Second Defendant

Natallie Evans

Third Defendant

Howard Johnston

Fourth Defendant

Secretary of State for Health

Interested Party

Director of Public Prosecutions

Interested Party

Procedural Posture

Part 8 Claim for Declaratory Relief / Judgment on Declarations

Legal Issues

  1. 1 Lawfulness of HFEA's discretion not to enforce licence conditions pending ECHR proceedings
  2. 2 Lawfulness of DPP's indication not to prosecute for storage of embryos without consent
  3. 3 Entitlement of clinic to rely on HFEA and DPP decisions as substantive legitimate expectation

Ratio Decidendi

It is lawful for HFEA to decide not to take enforcement action against the clinic for storing embryos without effective consent pending ECHR proceedings, considering the UK's international law obligations. DPP's indication not to prosecute is lawful and within discretion. No declaration granted on substantive legitimate expectation due to excessive assumptions and lack of contest.

Court Disposition

First and second declarations granted; third declaration declined.

Orders

  • It is lawful for HFEA to decide not to take enforcement action against the clinic for storing embryos without effective consent pending ECHR proceedings.
  • It was lawful for DPP to indicate no prosecution for storage to date and to form policy regarding future prosecution discretion.